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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CLASS ACTION
Case No.: 323587
NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
Judge: Hon. James L. WarrenDept: 301
MELISSA S. CONNELLY and LAURENCE B. STANTON, Plaintiffs,
v.
PALM, INC. and 3COM CORPORATION,Defendants.
MELISSA S. CONNELLY, LAURENCE B. STANTON, WILLIAM C. BRENNAN II G. EDGAR JAMES and JULIE A. KOPPL,Plaintiffs,
v.
MICRONPC, LLC, DELL COMPUTER CORPORATION, GATEWAY, INC., COMPAQ COMPUTER CORPORATION and HEWLETT PACKARD COMPANY, Defendants. Case No.: 413080CLASS ACTION
________________________________________________________
NOTICE TO PERSONS WHO OWNED A PALM III, IIIc, IIIx, IIIxe, V OR Vx AND CERTAIN AFFECTED PERSONAL COMPUTERS ON OR AFTER JANUARY 1, 1998
This notice may affect your rights.
Please read it carefully.
If you simultaneously owned a Palm III, IIIc, IIIx, IIIxe, V or Vx ("Palm Handheld") manufactured by defendants Palm, Inc. and 3Com Corporation (collectively, "Palm"), and one of the Affected PCs (as defined below), this notice may be important to you. A proposed settlement has been reached in two lawsuits that allege that: (1) the Palm Handhelds may be defective in that they exacerbate the natural "build-up" and discharge of static electricity (electro-static discharge or "ESD") that, under certain circumstances, purportedly causes damage to the serial ports of certain models of personal computers ("PCs") with allegedly inadequate ESD protection, manufactured by defendants Dell Inc. ("Dell"), Hewlett-Packard Company and Compaq Computer Corporation (collectively, "HP"), Gateway, Inc. ("Gateway"), MPC Computers, LLC (formerly known as MicronPC, LLC) ("Micron"), and others; and (2) Palm, Dell, HP, Gateway and Micron (collectively, "Settling Defendants") purportedly communicated and/or failed to communicate and disclose certain facts and circumstances in connection therewith.
The purpose of this notice is to inform you of the proposed settlement, and of a hearing to consider the settlement to be held on September 30, 2004 at 9:30 a.m., before Judge James L. Warren, Department 301 of the Superior Court of the State of California, San Francisco County; how to participate in the settlement; how to object to it if you wish; and how to get more information. Claims must be submitted by April 30, 2004.
A. Description of the Lawsuits.
On August 7, 2001 plaintiffs Melissa S. Connelly and Laurence B. Stanton commenced an action against Palm entitled Connelly, et al. v. Palm, Inc., et al. (San Francisco Superior Court Case No. 323587), which was brought as a purported class action and which asserted claims for violation of the Unfair Competition Law, California Business and Professions Code sections 17200 and 17500 et seq., and breaches of express and implied warranties, negligent product design, manufacture and failure to warn. On October 2, 2002 plaintiff Melissa S. Connelly commenced an action against Dell, HP, Gateway, and Micron entitled Connelly v. MicronPC, LLC, et al. (San Francisco Superior Court Case No. 413080), which was brought as a purported representative action and which asserted claims for violation of the Unfair Competition Law, California Business and Professions Code sections 17200 and 17500 et seq. The complaint in Connelly v. MicronPC, LLC was later amended to add class action allegations, and class representative plaintiffs Laurence B. Stanton, William C. Brennan II, G. Edgar James and Julie A. Koppl. Connelly v. Palm, Inc. and Connelly v. MicronPC, LLC are referred to herein as the "Actions."
Defendants deny the allegations made in the plaintiffs' actions and deny any and all liability with respect to the facts alleged therein, and deny that anyone has suffered damage or is entitled to any relief whatsoever. The Court has not decided whether plaintiffs or the defendants are correct.
B. The Settlement Class Members.
For purposes of settlement, the Court has certified a class consisting of all Persons (defined to mean individuals, corporations, partnerships or other legal entities residing or with their principal place of business in the United States (including the District of Colombia and territories and possessions)) who simultaneously owned a Palm Handheld (defined to mean a Palm III, IIIc, IIIx, IIIxe, V or Vx) and an Affected PC (defined in the next sentence), on or after January 1, 1998, up to and including January 8, 2004. An Affected PC means certain models or product lines of PCs manufactured by Micron, Gateway, HP or Dell as follows:
Dell Inc.
(Blanks indicate processor speed (i.e., "Dell Dimension XPS T233"))
Dell Dimension XPS T____ Dell Dimension XPS R____
Dell Dimension XPS H____ Dell Dimension XPS Pro____n
Dell Dimension XPS D____ Dell Dimension V____/V____c
Dell Dimension XPS Pro____ Dell Dimension XPS P____c
Dell Dimension XPS P____s Dell Dimension XPS P____v
Dell Dimension XPS M____s Dell Dimension P____a/M____a
Gateway, Inc.
All models of Gateway computers
Hewlett-Packard Company (HP and Compaq Affected PCs)
Pavilion Omnibook
Presario Kayak
Media Center PC Visualize
Evo X Class Workstation
Armada XW Class Workstation
MPC Computers, LLC (formerly known as MicronPC, LLC)
Millennia GoBook
Powerdigm Transport
ClientPro Millennia Transport
In addition, an Affected PC also means any PC manufactured or assembled by any person other than the Settling Defendants, if such PC contained a serial port chip rated by its manufacturer at less than 8kV (kiloVolts) for protection against ESD, or contained in its serial port a Texas Instruments series TI GD75232 chip.
If you fit within this definition, you will be considered a member of the class ("Settlement Class Member"), unless you request to be excluded.
C. Description of the Settlement.
1. The Claim Process and Relief to Settlement Class Members
As part of the settlement, the Settling Defendants have agreed to the following relief available to Settlement Class Members who submit a valid claim form (available on the website established for this settlement at www.pda-pc-esdsettlement.com) and Claim Documentation (as defined in the claim form), establishing the requirements of membership in the class (including Claim Documentation establishing that the claimant simultaneously owned a Palm Handheld and an Affected PC), and the requirements of one or more of the following claim groups:
Group 1 Claimants are those Settlement Class Members that, prior to January 22, 2003, contacted Settling Defendants and/or Plaintiffs' Counsel regarding damage to the serial port or motherboard of their Affected PC, and that had the serial port or motherboard of their Affected PC repaired or replaced, and who execute the affirmation on the claim form as follows: "I believe in good faith that the damage to the serial port or motherboard of my Affected PC, for which this claim is made, may have resulted from electro-static discharge ("ESD") while using a Palm Handheld with my Affected PC, and I am unaware of any specific cause for the damage other than ESD. I hereby affirm in good faith that the foregoing is true and correct." Qualifying
Group 1 Claimants shall receive a $200 cash payment.
Those qualifying Group 1 Claimants who contacted Palm or Plaintiffs' Counsel prior to January 22, 2003, may elect to substitute for the $200 cash payment, a $250 voucher toward the purchase from Palm.com of any one or more Palm products with an aggregate purchase price greater than $400, which certificate must be redeemed in one transaction no matter how many products are purchased. These Group 1 Claimants also may request one ESD serial port adapter with transorbs ("ESD adapter").
Group 2 Claimants are those Settlement Class Members that do not qualify for Group 1, but that had the serial port or motherboard of their Affected PC repaired or replaced; and who execute the affirmation on the claim form as follows: "I believe in good faith that the damage to the serial port or motherboard of my Affected PC, for which this claim is made, may have resulted from electro-static discharge ("ESD") while using a Palm Handheld with my Affected PC, and I am unaware of any specific cause for the damage other than ESD. I hereby affirm in good faith that the foregoing is true and correct." Qualifying Group 2 Claimants shall receive:
(1) a voucher in the range of $40 to $80 toward the purchase from Palm.com of one or more Palm products with an aggregate purchase price greater than $80 to $160, which voucher must be redeemed in one transaction no matter how many products are purchased. The voucher value and minimum aggregate purchase price will depend on the number of valid claims submitted, as set forth in the following chart:
No. of Claims Voucher Value Minimum Aggregate Purchase Price
Less than 4,000 $80 $160
4,000 ? 5,999 $70 $140
6,000 ? 7,999 $60 $120
8,000 ? 9,999 $50 $100
10,000 or more $40 $ 80
and (2) if requested, one ESD adapter.
Group 3 Claimants are those Settlement Class Members that do not qualify for Groups 1 or 2, but that execute the affirmation on the claim form as follows: "I am concerned that the serial port or motherboard of my Affected PC may be damaged due to electro-static discharge ("ESD") when used in connection with my Palm Handheld. I affirm in good faith that the foregoing is true and correct." Qualifying Group 3 Claimants shall receive:
(1) a $20 voucher toward the purchase from Palm.com of any one or more Palm products with an aggregate purchase price greater than $100, which voucher must be redeemed in one transaction no matter how many products are purchased; or
(2) one ESD adapter, at the Settlement Class Member's election.
Group 4 Claimants are those Settlement Class Members that present claim documentation establishing that they paid Palm for technical support regarding the ESD/serial port/motherboard issue. Qualifying Group 4 Claimants shall receive a cash refund of amounts that they paid to Palm for such support. Group 4 Claimants may also make claims under Groups 1, 2, or 3, if they qualify.
Claims must be submitted on the Claim Form provided below, and must be submitted by April 30, 2004. Each Settlement Class Member may submit up to ten (10) claims, but each claim under Group 1 or 2 must relate to a separate instance of alleged damage to a serial port or motherboard, and each claim under Group 3 must relate to a separate Palm Handheld. Settlement Class Members with Affected PCs that were not manufactured by Dell, HP, Gateway or Micron must submit a declaration under penalty of perjury from the PC manufacturer that a Texas Instruments series TI GD75232 chip or other chip rated at 8kV or less was used in the PC serial port, and was damaged and replaced. All vouchers will expire one year from the date of issuance.
2. Disclosure Changes
In addition to the relief described in the previous section, as part of the settlement, Palm has agreed to post, or has already posted, on its Palm.com website information concerning the potential damage that may be caused by ESD, and methods of protecting electronic equipment from such damage. Palm and Dell also have agreed to begin including in their respective user manuals for Palm handhelds and Dell Dimension PCs, disclosures regarding potential damage that may be caused by ESD, and methods of protecting electronic equipment from such damage. Dell, HP, Gateway and Micron have agreed to post on their websites a copy of the text of Palm's website disclosure regarding ESD or a link thereto.
3. Awards to the Representative Plaintiffs and Plaintiffs' Counsel
Under the terms of the settlement, the Representative Plaintiffs and Plaintiff Connelly will receive incentive awards ranging from $1000 to $2,000 each, as may be awarded by the Court. Plaintiffs' Counsel will apply for an award of attorneys' fees and costs from the Court not to exceed $912,600, which application the Settling Defendants have agreed not to oppose. Neither the Representative Plaintiffs' incentive awards nor any attorneys' fee award made by the Court will decrease or have any other effect on the relief to be provided to Settlement Class Members.
4. Releases
Under the terms of the settlement, plaintiffs have agreed to dismiss the Actions in their entirety, including the claims of the Settlement Class Members, with prejudice, which dismissal will be incorporated into a final judgment approving the settlement. All Settlement Class Members who have not excluded themselves will be bound by the final judgment entered by the Court. All claims of the Settlement Class Members which were or could have been asserted in the Actions based on the facts alleged therein, will be released as provided in the Settlement Agreement, and Settlement Class Members will be forever barred from seeking other or further relief on such claims.
D. Right to Object or Opt Out
Any Settlement Class Member who objects to the settlement and that has not excluded himself from the settlement, may file written objections with the Court. ANY SUCH OBJECTIONS MUST BE FILED WITH THE CLERK OF THE COURT AND SERVED ON THE ATTORNEYS FOR THE SETTLEMENT CLASS AND SETTLING DEFENDANTS, AT THE ADDRESSES SET OUT BELOW ON OR BEFORE APRIL 30, 2004. ANY OBJECTIONS TO THE SETTLEMENT MUST BEGIN WITH THE FOLLOWING STATEMENT: "I OBJECT TO THE PROPOSED SETTLEMENT IN CONNELLY V. PALM, INC. AND CONNELLY V. MICRONPC, LLC, Case Nos. 323587 and 413080, California Superior Court, San Francisco County." All objections must state the objector's name and address and all grounds for the objection in writing. Objections must be filed with the Clerk of the Court, San Francisco County Superior Court, 400 McAllister Street, San Francisco, California 94102, with copies sent to Andrew A. August, Pinnacle Law Group LLP, 425 California Street, Suite 1800, San Francisco, California 94104; Peter S. Hecker, Heller Ehrman White & McAuliffe LLP, 333 Bush St., San Francisco, California 94104; Gary Ewell, Vinson & Elkins L.L.P., The Terrace 7, 2801 Via Fortuna, Suite 100, Austin, TX 78746; Wayne Lamprey, Goodin, MacBride, Squeri, Ritchie & Day, LLP, 505 Sansome Street, Suite 900, San Francisco, CA 94111; James Donato, Cooley Godward LLP, One Maritime Plaza, 20th floor, San Francisco, CA 94111; and Michael A. Sands, Fenwick & West LLP, 801 California Street, Mountain View, CA 94041.
If you do not wish to be a member of the class, you may exclude yourself by mailing a written request to be excluded postmarked no later than April 30, 2004, and addressed to Andrew A. August, Pinnacle Law Group LLP, 425 California Street, Suite 1800, San Francisco, California 94104, with copies sent to Peter S. Hecker, Heller Ehrman White & McAuliffe LLP, 333 Bush St., San Francisco, California 94104; Gary Ewell, Vinson & Elkins L.L.P., The Terrace 7, 2801 Via Fortuna, Suite 100, Austin, TX 78746; Wayne Lamprey, Goodin, MacBride, Squeri, Ritchie & Day, LLP, 505 Sansome Street, Suite 900, San Francisco, CA 94111; James Donato, Cooley Godward LLP, One Maritime Plaza, 20th floor, San Francisco, CA 94111; and Michael A. Sands, Fenwick & West LLP, 801 California Street, Mountain View, CA 94041. The request should state your name and address. If you choose to exclude yourself from the class, you will not be affected by the Actions, and you will not be able to participate in this settlement.
E. Court Hearing and Final Approval
The proposed Settlement Agreement must be finally approved by the Court. On September 30, 2004 at 9:30 a.m., in Department 301, San Francisco Superior Court, 400 McAllister Street, San Francisco, California 94102, a hearing will be held on whether the proposed settlement should be approved as fair, reasonable and adequate.
If you file a timely written objection and have not previously requested exclusion, you may appear at the hearing in person or through an attorney retained at your own expense. IF YOU WISH TO APPEAR AT THE HEARING TO OBJECT TO THE SETTLEMENT, YOU MUST NOTIFY THE COURT AND COUNSEL IN WRITING OF YOUR INTENTION TO DO SO, WITH YOUR WRITTEN OBJECTION FILED AND SERVED AS DESCRIBED ABOVE. DO NOT CALL OR PERSONALLY CONTACT THE COURT, PALM, DELL, HP, GATEWAY OR MICRON ABOUT MATTERS SET FORTH IN THIS NOTICE.
Any written objections to the Settlement and notices of intent to appear at the final approval hearing must be filed with the Clerk of the Court and served on counsel on or before April 30, 2004.
F. Examination of Papers.
You may inspect the complete Settlement Agreement, the complaints in the actions, and other papers filed in these lawsuits at the office of the Clerk of the Superior Court, 400 McAllister Street, San Francisco, California 94102 during its regular hours of operation. In addition, you may review the Settlement Agreement, complaints, this class notice and the claim form on the website at www.pda-pc-esdsettlement.com.
G. Additional Information
DO NOT CONTACT THE COURT, PALM, DELL, HP, GATEWAY OR MICRON CONCERNING THIS NOTICE OR THE LAWSUIT. If you have questions contact your own attorney or, if you would like more information about this notice or these cases, you may contact any of the following plaintiffs' counsel:
Andrew A. AugustPinnacle Law Group LLP425 California Street, Suite 1800San Francisco, California 94104(415) 951-6206 Mark Seidenfeld225 Broadway, Suite 1201New York, NY 10007(212) 732-8900 G. Oliver Koppell99 Park Ave., Suite 800New York, NY 10015(917) 368-0400
DATED: January 8, 2004 /s/ James L. Warren Judge, Superior Court of CaliforniaCounty of San Francisco
[CLAIM FORM (EXHIBIT C) BELOW]
-------------------------------------------------------------------------------------------------------------
CLAIM FORM
THE DEADLINE TO SUBMIT THIS CLAIM FORM IS APRIL 30, 2004.
This is the official claim form you must use to make a claim in the Connelly v. Palm, Inc., et al and Connelly v. MicronPC, et al actions. Please read this form carefully before filling it out.
In order to qualify under any Claim Group identified below, you must establish ? through "Claim Documentation" submitted with this claim form ? that during the class period you simultaneously owned a Palm? personal digital assistant model III, IIIc, IIIx, IIIxe, V or Vx ("Palm Handhelds") AND one or more specific models of personal computers ("Affected Computers") covered by the settlement, and that you meet the other requirements described below.
If you did not simultaneously own both a Palm Handheld and an Affected PC at some time between January 1, 1998 and January 8, 2004, you are not eligible to make a claim and should not submit a claim form.
"Claim Documentation" means sales receipts, purchase orders, warranty repair invoices, credit card billings, cancelled checks, e-mail threads or other similar written materials that you provide to support your claim.
For each claim, you must submit a separate claim form with any required Claim Documentation.
PLEASE REFER TO THE CLASS NOTICE AND THE SETTLEMENT AGREEMENT POSTED AT www.pda-pc-esdsettlement.com FOR RULES CONCERNING DEADLINES FOR SUBMITTING CLAIMS, NUMBER OF CLAIMS THAT CAN BE SUBMITTED, PROCEDURES FOR DISPUTED CLAIMS, CONTINGENCIES THAT PERMIT TERMINATION OF THE SETTLEMENT, AND OTHER MATTERS. CLAIMS MUST BE SUBMITTED BY APRIL 30, 2004.
(PLEASE TYPE OR PRINT LEGIBLY)
PALM HANDHELD OWNED
Please circle the Palm Handheld model for which you make this claim and indicate the approximate dates you owned it (by purchase, gift, from employer, etc.):
From (month/day/year):__________ to (month/day/year):__________
Palm III Palm IIIxe
Palm IIIc Palm V
Palm IIIx Palm Vx
Only if you can prove by Claim Documentation that you owned the Palm Handheld listed by you above between January 1, 1998 and January 8, 2004, should you complete the next section.
AFFECTED PC OWNED
Please circle the Affected PC model for which you are making this claim and indicate the approximate dates you owned it (by purchase, gift, from employer, etc.):
Dell From (month/day/year):__________ to (month/day/year):__________
Dell Dimension XPS T____ Dell Dimension XPS R____
Dell Dimension XPS H____ Dell Dimension XPS Pro____n
Dell Dimension XPS D____ Dell Dimension V____/V____c
Dell Dimension XPS Pro____ Dell Dimension XPS P____c
Dell Dimension XPS P____s Dell Dimension XPS P____v
Dell Dimension XPS M____s Dell Dimension P____a/M____a
Please note that the blank spaces indicate the processor speed of your PC. If possible, please indicate your Dell service tag number, which is located on the back of your system on a white bar-coded strip next to the label "service tag":_____________.
Gateway From (month/day/year):__________ to (month/day/year):__________
Please write in the Gateway model for which you are making this claim: __________________
MPC (MicronPC) From (month/day/year):__________ to (month/day/year):__________
Millennia GoBook
Powerdigm Transport
ClientPro Millennia Transport
HP/Compaq From (month/day/year):__________ to (month/day/year):__________
Pavilion Omnibook
Presario Kayak
Media Center PC Visualize
Evo X Class Workstation
Armada XW Class Workstation
Other PC
From (month/day/year):__________ to (month/day/year):__________
Please write in the Other PC model (from a manufacturer other than those listed above) for which you are making this claim: __________________
Only if you can prove by Claim Documentation that you owned the Affected PC listed by you above between January 1, 1998 and January 8, 2004, should you complete the next section.
CLAIM GROUP 1
1. DAMAGE: Do you claim that the damage to the serial port or motherboard of your Affected PC, for which this claim is made, may have resulted from ESD while using your Palm Handheld with your Affected PC?
Yes __________ No __________
If "No," you do not qualify for any distribution under Claim Groups 1 or 2 ? please skip the remainder of this section and go to the sections below addressing Claim Groups 3 and 4. If "Yes," please answer the following question.
2. NOTIFICATION: Did you contact any of the following persons or entities regarding the damage to the motherboard or serial port of your Affected PC?
Palm Yes___ No___
Dell Yes___ No___
Gateway Yes___ No___
Micron Yes___ No___
HP/Compaq Yes___ No___
Plaintiffs' Counsel (Pinnacle Law Group,Law Offices of Mark Seidenfeld, and/or Yes___ No___
Law Offices of G. Oliver Koppell)
Unless you answered "Yes" at least once above, you do not qualify for any distribution under Claim Group 1 ? please skip the remainder of this section and go to the sections below addressing Claim Groups 2, 3 or 4. If you answered "Yes" at least once above, please answer the following question.
3. DATE OF NOTIFICATION: When did you notify the above person or entity?
Date: ________________________ (month/day/year, approximate if necessary)
If the date you entered above is after January 22, 2003, you do not qualify for any distribution under Claim Group 1 ? please skip the remainder of this section and go to the sections below addressing Claim Groups 2, 3 or 4. If you entered a date on or before January 22, 2003, please answer the following question.
4. DOCUMENTATION OF REPAIR OR REPLACEMENT: Do you have Claim Documentation that shows that the serial port or motherboard of your Affected PC was repaired or replaced because of damage that you believe may have resulted from ESD while using your Palm Handheld with your Affected PC?
Yes_________ No __________
If "Yes," you MUST enclose with this claim form copies of your Claim Documentation to qualify for distribution under Claim Group 1.
If "Yes" and you marked "Other PC" under the Affected PC Owned section above, then you MUST submit a declaration under penalty of perjury from the PC manufacturer that Texas Instruments series TI GD75232 chip was used, damaged, and replaced.If "No," you do not qualify for any distribution under Claim Groups 1 or 2 ? please skip the remainder of this section and go to the sections addressing Claim Groups 3 or 4.
5. AFFIRMATION: In order to qualify for any distribution under Claim Group 1, you MUST execute the following:
I believe in good faith that the damage to the serial port or motherboard of my Affected PC, for which this claim is made, may have resulted from ESD while using my Palm Handheld with my Affected PC, and I am unaware of any specific cause for the damage other than ESD. I hereby affirm in good faith that the foregoing is true and correct.
Dated:_______________________ Signature:__________________________________
6. DISTRIBUTION ELECTION: If your claim is approved under Claim Group 1, you will receive one of the following two distributions. Please indicate which you would prefer to receive if your claim is approved:
________ (a) $200 cash payment, or
_______ (b) $250 voucher toward the purchase from Palm.com of any one or more Palm products with an aggregate purchase price greater than $400, which certificate must be redeemed in one transaction no matter how many products are purchased.
In addition to your selection of (a) or (b), do you want to receive an ESD adapter (serial port adapter with transorbs)?
Yes _________ No ________
The above elections are available only to those claimants who contacted Plaintiffs' Counsel or Palm on or before January 22, 2003, and who meet all other requirements to qualify under Claim Group 1, and whose claims are approved. Those claimants who contacted neither Palm nor Plaintiffs' Counsel on or before January 22, 2003, but only contacted Dell, MicronPC, Gateway, or HP/Compaq on or before January 22, 2003, and who meet all other requirements of Claim Group 1, will receive only a $200 cash payment, if their claims are approved.
CLAIM GROUP 2
1. DAMAGE: Do you claim that the damage to the serial port or motherboard of your Affected PC, for which this claim is made, may have resulted from ESD while using your Palm Handheld with your Affected PC?
Yes __________ No __________
If "No," you do not qualify for any distribution under Claim Group 2 ? please skip the remainder of this section and go to the sections below addressing Claim Groups 3 and 4. If "Yes," please answer the following question.
2. DOCUMENTATION OF REPAIR OR REPLACEMENT: Do you have Claim Documentation that shows that the serial port or motherboard of your Affected PC was repaired or replaced because of damage that you believe may have resulted from ESD while using your Palm Handheld with your Affected PC?
Yes_________ No __________
If "Yes," you MUST enclose with this claim form copies of your Claim Documentation to qualify for distribution under Claim Group 2. If "Yes" and you marked "Other PC" under the Affected PC Owned section above, then you MUST submit a declaration under penalty of perjury from the PC manufacturer that Texas Instruments series TI GD75232 chip was used, damaged, and replaced. If "No," you do not qualify for any distribution under Claim Group 2 ? please skip the remainder of this section and go to the sections addressing Claim Groups 3 or 4.
3. AFFIRMATION: In order to qualify for any distribution under Claim Group 2, you MUST execute the following:I believe in good faith that the damage to the serial port or motherboard of my Affected PC, for which this claim is made, may have resulted from ESD while using my Palm Handheld with my Affected PC, and I am unaware of any specific cause for the damage other than ESD. I hereby affirm in good faith that the foregoing is true and correct.
Dated:____________________ Signature:__________________________________
4. DISTRIBUTION ELECTION: If your claim is approved under Claim Group 2, you will receive a voucher in the range of $40 to $80 toward the purchase from Palm.com of one or more Palm products with an aggregate purchase price greater than $80 to $160, which voucher must be redeemed in one transaction no matter how many products are purchased. The voucher value and minimum aggregate purchase price will depend on the number of valid claims submitted, as set forth in the following chart:
No. of Claims Voucher Value Minimum Aggregate Purchase Price
Less than 4,000 $80 $160
4,000 ? 5,999 $70 $140
6,000 ? 7,999 $60 $120
8,000 ? 9,999 $50 $100
10,000 or more $40 $ 80
In addition to receiving a Palm voucher, do you want to receive an ESD adapter (serial port adapter with transorbs)?
Yes _________ No ________
CLAIM GROUP 3
1. If you do not qualify for Claim Groups 1or 2, but are still concerned that, in the future, the serial port or motherboard of your Affected PC may be damaged due to ESD when used in connection with your Palm Handheld, please indicate which of the following you would prefer to receive if your claim is approved under Claim Group 3:
________ (a) a $20 voucher toward the purchase from Palm.com of any one or more Palm products with an aggregate purchase price greater than $100 (must be redeemed in one transaction no matter how many products are purchased), or
________ (b) an ESD adapter (serial port adapter with transorbs).
2. AFFIRMATION: In order to qualify for any distribution under Claim Group 3, you MUST execute the following:
I am concerned that the serial port or motherboard of my Affected PC may be damaged due to ESD when used in connection with my Palm Handheld. I hereby affirm in good faith that the foregoing is true and correct.
Dated:____________________ Signature:__________________________________
CLAIM GROUP 4
1. PAYMENT: Did you pay Palm for technical support regarding your serial port and/or motherboard in connection with ESD issues?
Yes __________ No _________
If "No," you do not qualify for any distribution under Claim Group 4.
If "Yes," please state the approximate date when you made the payment _______________(month/day/year) AND answer the following question:
2. DOCUMENTATION: Do you have Claim Documentation of such payment?
Yes______ No_______
If "Yes," you MUST send copies of your documentation with this claim form to qualify for distribution under Claim Group 4. If "No," you do not qualify for any distribution under Group 4.
3. AMOUNT: How much did you pay?
$ ________________
If your claim is approved under Claim Group 4, you will receive a refund of the amount you paid to Palm.
YOUR NAME:______________________________________
YOUR ADDRESS:___________________________________
City/State/Zip____________________________
YOUR EMAIL:______________________________________
YOUR DAYTIME PHONE:____________________________
I affirm, under the laws of my state of residence, that the foregoing information is true and correct.
Dated: __________________________ Signature:__________________________________
(Information provided is subject to verification by Defendants' Counsel and Plaintiffs' Counsel.)
Return completed claim form and Claim Documentation to:
Settlement Administrator
Connelly ESD Settlement
P.O. Box 1080
Grand Rapids, MN 55745-1080
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